MUNNI LAL versus BISHWANATH PRASAD & ORS.

MUNNI LAL versus BISHWANATH PRASAD & ORS.

Where the custom of pre-emption is found to be co-extensive with Mahomedan Law, pre-emption does not apply to leasehold (parjoti) land, as Mahomedan Law only recognises right of pre-emption in the case of full proprietary ownership, not leasehold interest.

Parties
Appellant: Munnilal; Respondent: Bisbwanath Prasad; Respondents: Others
Jurisdiction
India
Judgment Date
15 September 1967
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order Dated November 9, 1960 of the Allahabad High Court in Second Appeal No. 2074 of 1944
Outcome
Appeal allowed; suit dismissed.
Legal Topics
Pre Emption, Custom Co Extensive With Mahomedan Law, Leasehold (parjoti) Land, Applicability of Mahomedan Law to Hindus
Property Law Customary Law Pre Emption Custom Co Extensive With Mahomedan Law Leasehold (parjoti) Land Applicability of Mahomedan Law to Hindus

Case Brief

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Parties

Munnilal

Appellant

Bisbwanath Prasad

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order Dated November 9, 1960 of the Allahabad High Court in Second Appeal No. 2074 of 1944

Legal Issues

  1. 1 Whether permanent leasehold (Parjoti) land in Benaras can be pre-empted under a custom co-extensive with Mahomedan Law
  2. 2 Whether the custom of pre-emption in Benaras applies to leasehold rights
  3. 3 Whether non-resident vendors/vendees are governed by the custom

Ratio Decidendi

Where the custom of pre-emption is found to be co-extensive with Mahomedan Law, pre-emption does not apply to leasehold (parjoti) land, as Mahomedan Law only recognises right of pre-emption in the case of full proprietary ownership, not leasehold interest.

Court Disposition

Appeal allowed; suit dismissed.

Orders

  • Decrees of the High Court and first appellate court set aside
  • Suit for pre-emption dismissed